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Hurt back at work.I feel I should get a better deal than what my lawyer is saying - Printable Version

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Hurt back at work.I feel I should get a better deal than what my lawyer is saying - Alex26 - 10-07-2017

I hurt my back at work in January of 2106.The lawyer I hired has been working on my case, and the insurance company for my job has determined that my injuries amount to eleven thousand, sixty eight dollars. They also are giving my lawyers an additional seven thousand dollars to help pay my medical bills. So a total of about 18 thousand dollars. My lawyer said that a certain amount of that money has to go to the medical facilities where I received treatment. I received treatment at about 4 or 5 facilities. My lawyer says he is going to negotiate down what percentages of the medical bills they will pay. After that, my lawyer will take 20 percent of whatever is left. Then I get whatever is left from that. I feel like I should be able to get a better deal than this. What are you guys thoughts?


RE: Hurt back at work.I feel I should get a better deal than what my lawyer is saying - tbear6410 - 10-07-2017

If you think you'll be needing more medical on your back, I would see about settling with open medical.  This way, you get money, but the insurance carrier continues to pay those bills.  I'm surprised they are talking about a settlement right now..   I have a lower back injury that happened in 2012..
I'm waiting to hear about this for me.  I just had a IME and waiting to hear what the Carrier is planning to do.. I also told my lawyer I want open medical..


RE: Hurt back at work.I feel I should get a better deal than what my lawyer is saying - Alex26 - 10-07-2017

I think the reason why they are talking about a settlement is because my doctor released me from care. He did so because I wasn't in any more pain.


RE: Hurt back at work.I feel I should get a better deal than what my lawyer is saying - 1171 - 10-07-2017

You are not an expert in figuring comp benefits so you can't trust your feelings.
We know little about your case or what state benefits are available so can't offer a realistic opinion.
If you want higher settlement you need evidence of greater disability and/or greater need for medical treatment.
Atty fees are set by comp court if you disagree with yours then you can file an objection with the court.
You also can get another atty to negotiate for you. Most states will have the attys share a single fee.
You can also go to a hearing where a judge will look at the medical  evidence and decide on the disability and the medical fees for your treatment.

In Illinois you need disability rating, show loss of the earnings, or loss of future earnings ability.
If you can return to work in a similar capacity, you're not going to be able to document a better settlement.
Here,s what the court looks at:
https://www2.illinois.gov/sites/iwcc/Documents/ArbOrderText.doc


RE: Hurt back at work.I feel I should get a better deal than what my lawyer is saying - Alex26 - 10-07-2017

(10-07-2017, 08:00 PM)1171 Wrote: what state benefits are available so can't offer a realistic opinion.
In Illinois you need disability rating, show loss of the earnings, or loss of future earnings ability.

Here,s what the court looks at:
https://www2.illinois.gov/sites/iwcc/Documents/ArbOrderText.doc

I'm in Illinois. I spoke to an attorney today who said that I can just tell my lawyer that I don't want my bills paid, I just want them to remain outstanding,I just want the money. Is that true?


RE: Hurt back at work.I feel I should get a better deal than what my lawyer is saying - 1171 - 10-08-2017

If that atty thinks he can get the court to approve " stiffing" your docs, you should think about switching.
I know nothing about the issues in your claim and don't how realistic that option is.
Have him put it in writing...
Most courts are required to address all the medical liens on file. They generally withhold that part of the settlement until They are negotiated but its very case dependent.